N.Y. Comp. Codes R. & Regs. Tit. 12 § 146-2.14 - Tip sharing and tip pooling
(a)
Tip sharing is the
practice by which a directly tipped employee gives a portion of his or her tips
to another service employee or food service worker who participated in
providing service to customers and keeps the balance.
(b)
Tip pooling is the
practice by which the tip earnings of directly tipped employees are
intermingled in a common pool and then redistributed among directly and
indirectly tipped employees.
(c)
Directly tipped employees are those who receive tips from
patrons or customers without any intermediary between the patron or customer
and the employee.
(d)
Indirectly tipped employees are those employees who, without
receiving direct tips, are eligible to receive shared tips or to receive
distributions from a tip pool.
(e)
Eligibility of employees to receive shared tips, or to receive distributions
from a tip pool, shall be based upon duties and not titles. Eligible employees
must perform, or assist in performing, personal service to patrons at a level
that is a principal and regular part of their duties and is not merely
occasional or incidental. Examples of eligible occupations include:
(1) wait staff;
(2) counter personnel who serve food or
beverages to customers;
(3) bus
persons;
(4) bartenders;
(5) service bartenders;
(6) barbacks;
(7) food runners;
(8) captains who provide direct food service
to customers; and
(9) hosts who
greet and seat guests.
(f) Employers may not require directly tipped
employees to contribute a greater percentage of their tips to indirectly tipped
employees through tip sharing or tip pooling than is customary and
reasonable.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.